The Biden administration has increased the number of legal pathways for foreign nationals to enter the United States. One of these pathways involves the use of Temporary Protected Status (TPS), which has sparked some debate.
TPS is a program designed to protect certain foreign nationals in the U.S. if their home countries are experiencing temporary upheaval or instability.
Since President Trump took office in January, there has been a concerted effort to limit TPS, which was previously granted to several countries under the Obama administration.
Just recently, the Department of Homeland Security (DHS) announced plans to end TPS for Burma effective January 26. The procedure requires the Secretary to assess whether the conditions in the home country still warrant TPS at least 60 days prior to expiration. If the circumstances meet the necessary criteria, TPS can potentially be extended for six to eighteen months, depending on the Secretary’s discretion. Conversely, if the Secretary finds the designation no longer applies, it must be terminated.
Burma was designated for TPS back in May 2021 due to the military’s actions against a democratically elected government and the subsequent suspension of elections for a temporary state of emergency.
The Biden administration noted that the military’s response to protests has led to significant human rights violations, including unjust detentions and violent crackdowns on unarmed citizens.
DHS Secretary Kristi Noem stated that conditions in Burma have improved, claiming that it’s now safe for citizens to return. She mentioned advancements in governance, the lifting of the state of emergency, plans for fair elections, and efforts to achieve a ceasefire.
However, Noem argued that allowing Burmese nationals to stay in the U.S. would not align with U.S. interests.
Congressman Gregory Meeks from New York criticized the move, calling it “cruel” and warning that it could jeopardize the safety of many Burmese, particularly activists advocating for democracy. He urged the administration to rethink what he described as a “terrible decision.”
Currently, an estimated 4,000 individuals from Burma hold approved TPS status, with over 200 applications still pending.
Moreover, TPS is set to expire for several other countries soon, including Ethiopia in December, South Sudan in January, and Haiti in February.
